The Miller Act requires contractors on federal construction projects over a certain threshold to furnish performance and payment bonds, providing a remedy to subcontractors and suppliers on the project to seek recovery for nonpayment.
The Power of Arbitration: Five Negotiation Strategies to Ensure a Better Dispute Resolution Process
Contractors know all too well how quickly a dispute can get out of hand and end up in litigation. Arbitration is a private process by design that can be customized to meet the needs of the parties and project, unlike court where the entire proceedings are a matter of public record.
Legislative Roundup for the Construction Industry
Congress is seeing the mid-term elections through without a significant new infrastructure spending bill in play. However, the current House and Senate conference on the transportation appropriations for fiscal year 2019 indicates that Congress will reject the president’s recommendation to significantly cut discretionary spending for transportation, which instead is headed for another boost next year.
Master Agreements Simplify the Contract Review Process
A master agreement solidifies general contract provisions, such as indemnity, insurance requirements, waivers of consequential damages, or stipulations for working with hazardous materials, that will apply to each work order.
Program Managers May Have a Duty to Exercise Professional Skill and Diligence
The scope and extent of activities performed by a program manager may create a duty of professional skill and diligence, upon which a third-party contractor may rely.
The Fiction of the One-Year Warranty
Does exposure to claims end after the expiration of a one-year warranty? In reality, claims for breach of contract will remain for the duration of the state’s statute of limitations period after the warranty term expires.
Building Codes Evolve With High Wind Events
After every landfalling hurricane, damage investigators determine how buildings performed compared to how they should have performed based on the year built and the building code that was in place at the time of construction. These studies help improve building codes and structural resiliency.
The Importance of Understanding Dispute Resolution Options
There are basically two ways to settle a dispute - have a judge, a jury or an arbitrator settle it or the parties can resolve the matter themselves. A mediator can provide guidance in resolving the dispute.











